DETAILED ACTION
Amendment
Acknowledgment is made of Amendment filed May 6, 2026. Claims 22-28 and 37-38 are canceled. Claims 21, 36 and 39 are amended. Claims 41-48 are new. Claims 21, 29-36 and 39-48 are pending.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21 and 29-36 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 12,434,623 (hereinafter US ‘623). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 21 and 29-36 of the present application are respectively anticipated by claims 1-7 of US ‘623.
Regarding claim 21, claim 1 of US ‘623 discloses “An apparatus comprising: a light fixture to dispose within a central portion of a vehicle, the central portion of the vehicle (i) positioned between a first light source of the vehicle and a second light source of the vehicle and (ii) at least partially separate from a lateral portion of the vehicle that includes the first light source and the second light source, the light fixture including a first segment, disposed within the central portion, having a third light source and a second segment, disposed within the central portion, having a fourth light source; the first segment configured to produce light with a first pattern via the third light source; the second segment configured to produce light with a second pattern via the fourth light source; the first pattern and the second pattern configured to indicate a vehicle status of the vehicle that includes a state of charge of one or more batteries of the vehicle and a charging status of the one or more batteries; the light having the first pattern which (1) originates, at a first point in time, at a first portion of the first segment and (ii) terminates, at a second point in time, at a second portion of the first segment to indicate the charging status of the one or more batteries; and the light having the second pattern to illuminate, from the first point in time to the second point in time, across the second segment to indicate the state of charge of the one or more batteries.” Claim 21 of the present application is identical to claim 1 of US ‘623 except for reciting in lines 17-19 “and the light having the second pattern to illuminate, from the first point in time to the second point in time, across at least a portion of the second segment to indicate the state of charge of the one or more batteries” (emphasis added). This recitation is broader in scope than the recitation in claim 1 of US ‘623, thus claim 21 of the present application is anticipated by claim 1 of US ‘623.
Regarding claims 29-35, claims 2-7 of US ‘623 recite identical limitations, respectively. Thus, claims 29-35 of the present application are anticipated by claims 2-7 of US ‘623, respectively.
Regarding claim 36, claim 14 of US ‘623 discloses a method, comprising: disposing a light fixture of an apparatus within a central portion of a vehicle, the central portion of the vehicle (i) positioned between a first headlight of the vehicle and a second headlight of the vehicle, the light fixture including a first segment, disposed within the central portion, having a first light source and a second segment, disposed within the central portion, having a second light source; receiving, by the first segment, one or more first signals to cause the first segment to produce light with a first pattern via the first light source; receiving, by the second segment, one or more second signals to cause the second segment to produce light with a second pattern via the second light source; and the first segment having the light with the first pattern in combination with the second segment having the light with the second pattern configured to indicate (i) state of charge of one or more batteries of the vehicle and (ii) a charging status of the one or more batteries by having an illumination of light appear to originate at the first segment and terminate at the second segment.
Claim 36 of the present application is identical to claim 14 of US ‘623 except for reciting in line 2 “a light fixture” rather than “a light fixture of an apparatus”. This recitation is broader in scope than the recitation in claim 14 of US ‘623, thus claim 36 of the present application is anticipated by claim 14 of US ‘623.
Allowable Subject Matter
Claims 41-48 are allowed.
Claims 39-40 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed May 6, 2026 have been fully considered but they are not persuasive. While Applicant’s amendment to claim 36 overcomes a statutory double patenting rejection, it does not overcome a nonstatutory double patenting rejection as set forth above. Moreover, Examiner does not find a Terminal Disclaimer on file as indicated by Applicant. Accordingly, the nonstatutory double patenting rejections are maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN P GRAMLING whose telephone number is (571)272-9082. The examiner can normally be reached Monday-Friday 8:30am-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abdulmajeed Aziz can be reached at (571) 270-5046. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN P GRAMLING/Primary Examiner, Art Unit 2875
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